Darthaven Marina Ltd - Privacy Policy & Competition Terms and Conditions

The Privacy Policy explains how we use any personal information we collect about you in our general business operations, our marketing activity and when you use the Darthaven Marina Ltd website.

This Privacy Policy will detail the following:

a) Our Privacy Promise
b) What personal data we may collect from you and how we use it
c) Providing your personal data to others
d) Website Cookies
e) How you can access, update and remove your personal data from our system
f) Retaining personal data
g) Other websites
h) Keeping your data secure
i) Changes to our Privacy Policy
j) How to contact us

1. Our Privacy Promise

We are committed to safeguarding the privacy of our clients, suppliers and all of those who use the Darthaven Marina Ltd website.

We take the collection, use and storage of your personal data very seriously and we promise to do our utmost to handle your personal data in a way that you would reasonably expect and ensure that it's stored in a highly secure environment.

For the purposes of applicable data laws, the data controller is Darthaven Marina Ltd, company number 01226089 and our registered offices are Darthaven Marina Ltd, Brixham Road, Kingswear, Dartmouth, Devon TQ6 0SG.

In this policy, "we", "us" and "our" refer to Darthaven Marina Ltd.

2. What personal data do we collect and process?

On the basis that it is necessary for the performance of a contract, we may use your information for the following purposes:

  • To allow us to handle your orders, deliver products, provide marine services and process your payments and refunds
  • To let you know about services that we're providing you and any products you may have purchased

The following provides a more detailed explanation of when we process personal data for contractual purposes:

a) Annual, winter or visitor berthing contracts - when purchasing a berthing contract, we require the following information from you:

  • Full name (first and surname)
  • Email address
  • Landline number
  • Mobile number
  • Home address
  • Boat information
  • Boat location
  • Direct Debit information

This data is processed for the purpose of enabling Darthaven Marina Ltd to fulfil the requested berthing service and to ensure we hold the relevant data to contact clients during the period of their berthing contract. Once processed, this data is stored on an online database with the exception of direct debit information which is destroyed after processing.

The legal basis for the processing of this data is contractual as it's required for us to fulfil the requested service.

Only authorised employees have access to our database and are under contract to ensure this data is not disclosed.

This data is kept on file for a maximum of 5 years for the purposes of record keeping. After 5 years this data is confidentially destroyed.

b) Maintenance Services – when choosing to use our onsite maintenance services, such as; shipwrights, yacht refinishing, engineering, electrical/electronics, metal fabrication and boatyard services, we'll process the following personal data supplied by customers:

  • Full name (first name and surname)
  • Email Address
  • Mobile Number
  • Landline Number
  • Home Address
  • Boat information
  • Boat location
  • Electronic Payment Information (if applicable) i.e. credit card or debit card

The legal basis for the processing of this data is contractual as it's required for fulfilling a requested service, referencing sales and enabling us to contact customers when necessary.

This data is kept for no longer than 5 years for the purpose of record keeping. After 5 years, purchase data is confidentially destroyed.

c) Product Purchases – for all products which are purchased on-site or over the phone, we will require the processing of payment information, if paying electronically. This will include credit or debit card information which is recorded by our card reader.

When taking payments over the phone, your payment information will not be stored on any database and is a confidential transaction between the customer and a member of the Darthaven Marina team.

The legal basis for the processing of this data is contractual.

The following details other activity where we process personal data:

d) Website Usage - when using the Darthaven Marina Ltd website, we may process personal data such as:

  • Your IP address
  • Your geographical location
  • Your browser type and version
  • Your operating system
  • Referral source
  • Length of visit (i.e. how long you're on our website)
  • Page views
  • Website navigation paths
  • Information about the timing, frequency and pattern of your website use when visiting the Darthaven Marina Ltd website.

The source of the data detailed above is collected via Google Analytics and Website Vision who use Cookies to collect this data. We use this data for the purposes of obtaining information to help us analyse website traffic which will help us determine strategies to improve our website's functionality and ultimately your user experience. For more information on Cookies, please refer to Section 4 of this policy.

The legal basis for the use of Cookies for the purpose of tracking website visitor activity as previously detailed is consent, when you first visit the Darthaven Marina Ltd website, we will ask you to consent to our use of our tracking cookies in accordance with the terms of this policy via our cookies banner/pop-up.

Some of the cookies used on our website are needed for operational purposes and are absolutely necessary for our website to function, and therefore the legal process for the use of these operational cookies is legitimate interests. We will not use these operational cookies to process any personal data.

e) Customer Website Accounts – our website provides the option to create an account using a unique username and password generated by customers themselves. This functionality is provided by a third-party organisation, Website Vision.

To register for an account, the following personal data is required:

  • Email Address
  • User Generated Password

The legal processing of this data is consent as it's the responsibility of the customer to create an account and is not required for contractual purposes.

Once an account is created, the customer is able to decide what personal data they would like their account to store for the purposes of convenience when making repeat quote enquiries. Such personal data could include:

  • Full name (first and last name)
  • Email Address
  • Home Address
  • Boat information

The storage of this personal data is the responsibility of Website Vision Ltd who have their own Privacy Policy: www.websitevision.co.uk.

If a customer closes their account, we may retain some of their information for up to 12 months after to deal with any disputes that may arise.

f) Enquiries - We may process personal data contained in any enquiry submitted to us regarding our services and products. This could be through any of the following:

  • The contact form on our website
  • Phone
  • Email
  • Social Media
  • In person whilst on site at Darthaven Marina

Personal data collected through an enquiry could be either, all or a selection of the following depending on the type of enquiry made:

  • Full Name (first and surname)
  • Email Address
  • Phone Number
  • Boat information

This data may be used to contact you to discuss the points contained in your enquiry. Your personal data may then be kept on file for a maximum of 2 years for the purposes of record-keeping.

The legal basis for the processing of this data is legitimate interests for the purposes of being able to effectively respond to your submitted enquiry.

Please be aware that when enquires are submitted via social media and personal data is shared, the privacy of this data is the responsibility of the social media network concerned. You can find out more information about the Privacy Policies of the social media networks that we have accounts with below:

g) 'Quote Me' Website Tool - We may process personal data contained in the 'Quote Me' tool provided on our website. We will only process this data if a customer chooses to submit their quotation to us regarding our services and products. In this circumstance, their enquiry/quote will be sent to a member of our service team who will contact the customer to discuss in greater detail.

The legal processing of this personal data is consent. We are unable to trace any quotation undertaken in the 'Quote Me' tool on our website unless a customer explicitly ticks the box asking for us to contact them.

h) Email Marketing - When subscribing to receive email marketing communications from Darthaven Marina Ltd, we will collect the following personal data from you:

  • Full Name (first and surname)
  • Email Address
  • Boat information

The legal basis for this data processing is consent. We will never send marketing emails to a recipient who has not positively opted in to receive these email marketing communications. You can opt-out of receiving email marketing communications by following the unsubscribe process which is supplied via a link at the bottom of our marketing emails or by emailing admin@darthaven.co.uk or by calling 01803 752 242.

Our email marketing communications are distributed via our chosen email supplier 'MailChimp' a leading marketing automation platform. Your personal data (name and email address) will also be stored on the MailChimp platform. MailChimp is situated in the U.S, The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries. Transfers to the U.S. will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission. MailChimp is a highly secure system and are members of the ANA, ESPC, OTA, and MAAWG. MailChimp also retain a law firm in the UK to consult on EU privacy issues. To find out more information on MailChimp's security policies, please visit: https://mailchimp.com/about/security/ We contact you using any of your personal data identified in this policy in the circumstance that it's within our customers best interests, for example, when we need to cancel bookings, recall a product or any information relating to a recent purchase. The legal basis for the processing of this data is legitimate interests.

i) We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

j) We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

k) In addition to the specific purposes for which we may process your personal data provided in this Privacy Policy, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3. Providing your personal data to others

We do not disclose your personal data to any third parties, except when we are required to do so for contractual purposes or by law for information such as a court order, witness summons, or complaint from governmental authorities.

The below details contractual circumstances when your details may need to be supplied to others outside Darthaven Marina Ltd:

a) We may disclose your personal data such as your full name, delivery address, email address and phone number to our chosen couriers as reasonably necessary for the purposes of fulfilling a service contract so we can deliver purchases if required, for example, in the circumstance of purchasing from our Chandlery and needing your goods delivered.

Our courier services are supplied by DPD, UPS, DHL, FedEx and Palletforce and once we have passed on the personal data required for fulfilling the purchase contact, this personal data is then the responsibility of these organisations. Please visit DPD, UPS, DHL, FedEx and Palletforce website for more information on their Privacy Policy's:

b) Financial transactions and invoice processes relating to our services is handled by the Darthaven Marina Ltd team through the accountancy software, 'Sage'. Sage stores both customer & supplier data in relation to invoicing and processing payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

At the end of each financial year, we may share data contained on Sage such as full names, home/business addresses, phone numbers, email addresses and banking information with our accountant, Francis Clarke (registered address: Sigma House, Oak View Close, Edginswell Ln, Torquay TQ2 7FF) only to the extent necessary for the purposes of processing our end of year accounts.

You can find information about Sage's privacy policy and practices at: https://www.sage.com

c) In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

d) We may disclose your personal data to our insurers and/or professional advisers as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. Website Cookies

Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. This information is used to track visitor use of the website and to compile statistical reports on website activity.

If you're not happy with the way that we use cookies, then you could choose to:

  • Disable cookies on your computer or device
  • Delete Darthaven Marina Ltd cookies after you've visited our site

Use your browser's anonymous setting (called 'Incognito' in Chrome, 'InPrivate' for Internet Explorer, 'Private Browsing' in Firefox and Safari)

To disable (or enable) cookies you can do this in your website browser settings. How you do this will depend on which browser you're using.

It's important to remember that our website uses cookies for technical functionality. If all cookies are disabled on your computer or device, you may not be able to use our website effectively. None of our functional cookies collect personal data.

To learn how to manage cookies using the latest browser versions, you can follow these links:

  • Chrome
  • Internet Explorer
  • Safari
  • Firefox
  • Flash Cookies

For further information on cookies, please visit www.aboutcookies.org or www.allaboutcookies.org.

5. How you can access, update and remove your personal data from our system.

You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please contact us via one of the following:

  • Email – admin@darthaven.co.uk
  • Phone – 01803 752 242
  • Letter – Darthaven Marina Ltd, Brixham Road, Kingswear. Dartmouth, Devon, TQ6 0SG

6. Retaining Personal Data

Personal data that we process for any purpose shall not be kept for longer than has already been identified in this policy or is necessary for its purpose.

If you are a regular customer or supplier of Darthaven Marina Ltd, we will keep your contact information on file for as long as we are providing a service and/or product to you or if we require a suppliers on-going services. The legal processing of this data is contractual.

If we process your data for marketing purposes, you are able to unsubscribe at any time by following the process provided in the footer of our marketing emails or by calling 01803 752 242 or emailing admin@darthaven.co.uk

Notwithstanding the other provisions of this section, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Other Websites

Our website contains links to other websites. This Privacy Policy only applies to this website so when you link to other websites you should read their own Privacy Policies.

8. Keeping your Data Secure

We have put in place appropriate physical and electronic measures, security policies and managerial procedures to safeguard and secure all personal data that we have under our control.

Only authorised employees will have access to your personal information. All employees who have access to your personal data are contractually obliged to respect the confidentiality of your personal data.

9. Changes to our Privacy Policy

Please note that we keep our Privacy Policy under regular review and may be required to change this Privacy Policy from time to time, therefore we highly recommend that you review our Privacy Policy on a regular basis to ensure you're up to date on our latest personal data processing activities.

This Privacy Policy was last updated on May 2018.

10. Contacting Us

Please contact us if you have any questions about our Privacy Policy or information we hold about you:

  • Email – admin@darthaven.co.uk
  • Phone – 01803 752 242
  • Letter – Darthaven Marina Ltd, Brixham Road, Kingswear. Dartmouth, Devon, TQ6 0SG

Competition Terms and Conditions

1. The Promoter: Darthaven Marina Ltd, Brixham Road, Kingswear, Devon, TQ6 0SG (registered in England and Wale, registered company number 1226089)
2. The Supplier: Darthaven Marina Ltd, Brixham Road, Kingswear, Devon, TQ6 0SG
3. Eligibility: This prize promotion is open to UK residents (England, Scotland, Wales and Northern Ireland)
4. Promotional Period: 1st of January to the 31st of December, drawn annually in December of each year. 
5. Entry Instructions: Submission of the customer feedback form including the required contact details specified. 
6. Only one entry per person per prize. All additional entries will be disqualified.
7. Any entries that the Promoter consider (in our absolute discretion) to be dangerous, vulgar, offensive, indecent, illegal racist, copied, offensive, cruel or fraudulent, or infringe on the rights or copyright of others will be immediately disqualified.
8. No third party or bulk entries. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, multiple email accounts, multiple reproduced or computer-generated entries, using multiple identities, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the promoter or otherwise acting in violation of these terms, these participants will be disqualified, and any prize entitlement will be void. Incomplete, illegible, misdirected entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.
9. Prize Fund: Spinlock Deckvest LITE lifejacket. Colour of choice subject to availability. 
10. Winner Selection: Prize draw winner will be randomly selected by a computerised random generator from all entries.
11. Winner Notification: The winner will be notified by email via the contact information provided within 14 days. If a winner does not claim their prize within this timeframe Darthaven Marina Ltd reserves the right to withdraw prize entitlement and will award the prize to a reserve drawn at the same time as the original.
12. It is the responsibility of the entrant to provide correct, up-to-date details when entering the prize promotion and acceptance of the prize. Darthaven Marina Ltd cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.
13. General: Darthaven Marina Ltd decision is final and binding. No correspondence will be entered into. Entry implies acceptance of these terms and conditions.
14. Prizes must be accepted as offered by the named winner. There is no cash or alternative prizes, in whole or part.
15. Darthaven Marina Ltd reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.
16. Darthaven Marina Ltd reserves the right to verify winners and ask for proof of identity, age and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.
17. Optional, you will take part in and co-operate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable.
18. Entry into the Promotion is at the entrant’s sole risk. To the extent permitted by law, neither the Promoter nor Supplier accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or accepting a prize. The Promoter and Supplier further disclaim liability for any injury or damage to entrants or any other person relating to or resulting from participation with this Promotion save that nothing in these terms and conditions shall act to limit or exclude the Promoter and Supplier’s liability resulting from its negligence or fraud.
19. If for any reason, the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Promotion.
20. If an act, omission, event or circumstance occurs which are beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.
21. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or prizes. The Promoter, the Supplier or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of The Promoter or its agencies.
22. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.
23. The Promoter and the Supplier reserve the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.
24. The decisions of the Promoter are final and binding in all matters relating to the Promotion and no correspondence will be entered into.
25. The Promotion and these terms and conditions, and any disputes arising therefrom, shall be subject to English law and the exclusive jurisdiction of the English and Welsh Courts.
26. Data Protection: Any personal information that entrants share with the Promoter will be kept secure and only used in line with these terms and conditions unless the entrant has opted in to future marketing from the Promoter and/or the Supplier. By entering the promotion, entrants agree that their information may be used by the Promoter to administer the promotion and winners consent to give their name and county for the winners’ list.
27. Promoter’s Privacy Policy http://www.darthaven.co.uk/privacy-policy